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92 Studies as to economy, efficiency etc | |
(1) The Assembly may promote or undertake comparative or other studies | |
designed to enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the discharge | |
by local authorities in Wales of their social services functions; | 5 |
(b) for improving the management of such local authorities in the | |
discharge of those functions. | |
(2) The Assembly may also promote or undertake studies designed to enable it to | |
prepare reports as to the impact of the operation of any particular statutory | |
provisions on economy, efficiency and effectiveness in the discharge by local | 10 |
authorities in Wales of their social services functions. | |
(3) The Assembly must publish or otherwise make available— | |
(a) any recommendations made by it under subsection (1); and | |
(b) a report on the result of any studies under this section. | |
(4) The Assembly and the Audit Commission must co-operate with each other | 15 |
with respect to the exercise of their respective functions under this section and | |
sections 33 and 34 of the Audit Commission Act 1998 (c. 18). | |
93 Additional functions | |
The Assembly shall have such additional functions in relation to the provision | |
of Welsh local authority social services as— | 20 |
(a) correspond to functions conferred on the CSCI by or under this Act; | |
and | |
(b) are specified by the Assembly in regulations. | |
94 General considerations | |
(1) This section applies for the purpose of the exercise by the Assembly of its | 25 |
functions— | |
(a) under sections 89 to 92; and | |
(b) under regulations under section 93. | |
(2) The Assembly shall be concerned in particular with— | |
(a) the availability of, and access to the services; | 30 |
(b) the quality and effectiveness of the services; | |
(c) the management of the services; and | |
(d) the economy and efficiency of their provision and their value for | |
money; | |
(e) the need to safeguard and promote the rights and welfare of children; | 35 |
and | |
(f) the effectiveness of measures taken by local authorities for the purpose | |
specified in paragraph (e). | |
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Ancillary powers | |
95 Right of entry | |
(1) A person authorised to do so by the Assembly may, if the Assembly considers | |
it necessary or expedient for the purposes of this Chapter, at any reasonable | |
time enter and inspect any relevant premises. | 5 |
(2) In subsection (1) “relevant premises” means premises— | |
(a) which are used, or proposed to be used, by any person for any purpose | |
in connection with the provision of a Welsh local authority social | |
service, or | |
(b) which the Assembly reasonably believes to be so used, or proposed to | 10 |
be so used, | |
but does not include premises used wholly or mainly as a private dwelling. | |
(3) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | 15 |
96 Right of entry: supplementary | |
(1) A person authorised by virtue of section 95 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect and take copies of any documents or records (including | |
personal records) relating to the discharge by the local authority of its | 20 |
social services functions; | |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; or | |
(ii) any person accommodated or cared for there who consents to | 25 |
be interviewed; and | |
(d) make any other examination into the state and management of the | |
premises and treatment of persons accommodated or cared for there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | 30 |
records kept on the premises to produce them; and | |
(b) in relation to records which are kept by means of a computer, power to | |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | 35 |
entitled to have access to, and to check the operation of, any computer and any | |
associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 95 to enter and inspect premises | |
may— | 40 |
(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 95 or this section; | |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | 45 |
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(5) Any person who without reasonable excuse— | |
(a) obstructs the exercise of any power conferred by section 95 or this | |
section, or | |
(b) fails to comply with any requirement of section 95 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | 5 |
level 4 on the standard scale. | |
97 Power to require information | |
(1) The Assembly may at any time require any person specified in subsection (2) | |
to provide it with any information, documents, records (including personal | |
records) or other items— | 10 |
(a) which relates or relate to the discharge by a local authority in Wales of | |
its social services functions; and | |
(b) which the Assembly considers it necessary or expedient to have for the | |
purpose of any of its functions under this Chapter. | |
(2) The persons referred to in subsection (1) are— | 15 |
(a) the local authority; | |
(b) a person providing a Welsh local authority social service for the | |
authority; or | |
(c) any NHS body. | |
(3) The power in subsection (1) to require the provision of information includes, in | 20 |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 25 |
98 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | |
(a) any documents, records or items inspected, copied or produced under | 30 |
sections 95 to 97, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
Assembly under this Chapter, | |
in cases where the Assembly considers the explanation necessary or expedient | 35 |
for the purposes of this Chapter. | |
(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | 40 |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
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Chapter 7 | |
Functions under the Care Standards Act 2000 | |
Functions of CHAI and CSCI | |
99 Transfer of functions to CHAI and CSCI | |
(1) The functions of the National Care Standards Commission under Part 2 of the | 5 |
Care Standards Act 2000 (c. 14) (registration and standards) are transferred in | |
accordance with this section. | |
(2) Its functions under that Part are transferred to the CHAI insofar as they relate | |
to— | |
(a) independent hospitals; | 10 |
(b) independent clinics; and | |
(c) independent medical agencies. | |
(3) Its functions under that Part are transferred to the CSCI insofar as they relate | |
to— | |
(a) children’s homes; | 15 |
(b) care homes; | |
(c) residential family centres; | |
(d) domiciliary care agencies; | |
(e) nurses agencies; | |
(f) fostering agencies; | 20 |
(g) voluntary adoption agencies; and | |
(h) adoption support agencies. | |
100 General functions of CHAI | |
In the Care Standards Act 2000, after section 5 insert— | |
“5A General duties of Commission for Healthcare Audit and Inspection | 25 |
(1) The Commission for Healthcare Audit and Inspection (referred to in | |
this Act as “the CHAI”) shall have the general duty of keeping the | |
Secretary of State informed about— | |
(a) the provision in England of independent health services; and | |
(b) in particular, the availability and quality of the services. | 30 |
(2) The CHAI shall have the general duty of encouraging improvement in | |
the quality of independent health services provided in England. | |
(3) The CHAI shall make information about independent health services | |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CHAI shall give him | 35 |
advice or information on such matters relating to the provision in | |
England of independent health services as may be specified in his | |
request. | |
(5) The CHAI may at any time give advice to the Secretary of State on— | |
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(a) any changes which the CHAI thinks should be made, for the | |
purpose of securing improvement in the quality of independent | |
health services provided in England, in the standards set out in | |
statements under section 23; | |
(b) any other matter connected with the provision in England of | 5 |
such services. | |
(6) In the exercise of its functions under this Act the CHAI must have | |
particular regard to the need to safeguard and promote the rights and | |
welfare of children. | |
(7) The Secretary of State may by regulations confer additional functions | 10 |
on the CHAI in relation to the provision in England of independent | |
health services. | |
(8) In this section “independent health services” means services of the kind | |
provided by persons for whom the CHAI is the registration authority.” | |
101 General functions of CSCI | 15 |
In the Care Standards Act 2000 (c. 14), after section 5A (inserted by section 100 | |
above) insert— | |
“5B General duties of Commission for Social Care Inspection | |
(1) The Commission for Social Care Inspection (referred to in this Act as | |
“the CSCI”) shall have the general duty of keeping the Secretary of State | 20 |
informed about— | |
(a) the provision in England of registered social care services; and | |
(b) in particular, the availability and quality of the services. | |
(2) The CSCI shall have the general duty of encouraging improvement in | |
the quality of registered social care services provided in England. | 25 |
(3) The CSCI shall make information about registered social care services | |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CSCI shall give him | |
advice or information on such matters relating to the provision in | |
England of registered social care services as may be specified in his | 30 |
request. | |
(5) The CSCI may at any time give advice to the Secretary of State on— | |
(a) any changes which the CSCI thinks should be made, for the | |
purpose of securing improvement in the quality of registered | |
social care services provided in England, in the standards set | 35 |
out in statements under section 23; | |
(b) any other matter connected with the provision in England of | |
registered social care services. | |
(6) In the exercise of its functions under this Act the CSCI must have | |
particular regard to the need to safeguard and promote the rights and | 40 |
welfare of children. | |
(7) The Secretary of State may by regulations confer additional functions | |
on the CSCI in relation to the provision in England of registered social | |
care services. | |
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(8) In this section, “registered social care services” means services of the | |
kind provided by persons for whom the CSCI is the registration | |
authority.” | |
102 Fees | |
(1) The Care Standards Act 2000 (c. 14) is amended as follows. | 5 |
(2) After section 113 insert— | |
“113A Fees payable under Part 2 | |
(1) The CHAI and the CSCI may each from time to time make and publish | |
provision determining the amount of any fee payable to it under Part 2. | |
(2) Provision under subsection (1) may include provision— | 10 |
(a) for different amounts to be payable in different cases, or classes | |
of case; | |
(b) for different amounts to be payable by persons of different | |
descriptions. | |
(3) Before the CHAI or the CSCI makes any provision under subsection (1) | 15 |
it must consult such bodies as appear to it to be representative of the | |
persons liable to pay the fee. | |
(4) No provision may be made under subsection (1) without the consent of | |
the Secretary of State. | |
(5) If the Secretary of State considers it necessary or desirable to do so, he | 20 |
may by regulations make provision determining the amount of a fee | |
payable to the CHAI or the CSCI under Part 2 instead of the amount for | |
which provision is made under subsection (1). | |
(6) Before making any regulations under subsection (5) in respect of fees | |
payable to the CHAI or the CSCI, the Secretary of State shall consult | 25 |
that body and such other persons as appear to him to be appropriate.” | |
(3) In section 12 (applications for registration), in subsection (2), for “a fee of the | |
prescribed amount” substitute “a fee of the amount determined under section | |
113A, where the registration authority is the CHAI or the CSCI, or of the | |
prescribed amount, where the registration authority is the Assembly.” | 30 |
(4) In section 15 (other applications), in subsection (3) for “a fee of such amount as | |
may be prescribed” substitute “a fee of— | |
(a) the amount determined under section 113A, where the | |
registration authority is the CHAI or the CSCI; or | |
(b) the prescribed amount, where the registration authority is the | 35 |
Assembly.” | |
(5) In that section, in subsection (5)— | |
(a) for “subsection (3)” substitute “subsection (3)(b)”; and | |
(b) for “the registration authority” substitute “the Assembly”. | |
(6) In section 16 (regulations about registration), for subsection (3) substitute— | 40 |
“(3) Persons registered under this Part must also pay to the registration | |
authority, at such time as may be prescribed, an annual fee— | |
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(a) of such amount as may be determined under section 113A, | |
where the registration authority is the CHAI or the CSCI; and | |
(b) of such amount as may be prescribed, where the registration | |
authority is the Assembly.” | |
(7) In section 22(7)(i) (fees in respect of notification of variation of corporate | 5 |
ownership etc), for the words from “of a fee” to the end substitute “, in respect | |
of any notification required to be made by virtue of paragraph (h), of a fee of— | |
(i) such amount as may be determined under section 113A, | |
where notification is made to the CHAI or the CSCI; or | |
(ii) the prescribed amount, where notification is made to the | 10 |
Assembly”. | |
Miscellaneous | |
103 Meaning of “independent medical agency” | |
In section 2(4) of the Care Standards Act 2000 (c. 14) (an “independent medical | |
agency” does not include an independent clinic), after “clinic” insert “or an | 15 |
independent hospital”. | |
104 Children’s homes providing secure accommodation | |
(1) In section 4 of the Care Standards Act 2000 (basic definitions), in subsection | |
(8)(a) (references to a description of establishment), after “children’s home” | |
insert “, a children’s home providing accommodation for the purpose of | 20 |
restricting liberty,”. | |
(2) In section 22 of that Act (regulations), in subsection (8) (regulations relating to | |
children’s homes)— | |
(a) omit paragraph (a), and | |
(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “of | 25 |
restricting liberty”. | |
105 Information and inspection | |
(1) Section 31 of the Care Standards Act 2000 (inspections by persons authorised | |
by registration authority) is amended as follows. | |
(2) After subsection (1), insert— | 30 |
“(1A) The power under subsection (1) to require the provision of information | |
includes— | |
(a) power to require the provision of copies of any documents or | |
records (including personal records); and | |
(b) in relation to records kept by means of a computer, power to | 35 |
require the provision of the records in legible form.” | |
(3) In subsection (3)— | |
(a) in paragraph (b), for “(other than medical records)” substitute | |
“(including personal records)”; and | |
(b) in paragraph (d), for “employed” substitute “working”. | 40 |
(4) In subsection (6), omit “and inspect any medical records relating to his | |
treatment in the establishment”. | |
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